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HomeMy WebLinkAbout02/16/1988 - City CouncilI. ROLL CALL REGULAR MEETING CF THE CITY COUNCIL CITY CF COSTA MESA FEBRUARY 16, 1988 The City Council of the City of Costa Mesa, California, net in regular session February 16, 1988, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag led by the Scout Master of Boy Scout Troop 1440, and Invocation by the Reverend Charles D. Clark, First Methodist Church.. Council Members Present: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa Council Members Absent: � None Officials Present: City Manager, City Attorney, Development Services Director, Public Services Director, City Clerk MINUTES On motion -by Council Member Hornbuckle, seconded by February 1, 1988 Council Member Buffa, and carried 5-0, the minutes of the regular ireeting of February 1, 1988, were approved as distributed. ORDINANCES A motion was made by Council Member Buffa, seconded by Council Member Hornbuckle, and carried 5-0, to read all ordinances by title only. PRESENTATION Mayor Hall announced that the presentation for Phillip Hartman Hartman has been rescheduled for the meeting of March 7, 1988.- CONSENT 988.- CONSENT CALENFAR The fb1lowing item was removed from the Consent Cal- endar: Item 13, Change Order "B" to the contract with Dokken Engineering, for additional design services in connection with the widening of the Fairview Road Over - crossing at the 1-405 Freeway. On motion by Council Member Hornbuckle, seconded by Vice Mayor hiburgey, the remaining Consent Calendar items' were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hail, Amburgey, Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: GDUNCIL MEMBERS: None WRITTEN On motion by Council Member Hornbuckle, seconded by Vice COMMUNICATIONS Mayor Amburgey, Resolution 88-12, being A RESOLUTION CF THE CITY COUNCIL CF THE CITY CF COSTA MESA, CALIFORNIA, Records Destruc- AUTHORIZING RECORDS DESTRUCTION FOR THE FINANCE DEPART- tion/Finance MENT CF THE CITY CF COSTA MESA, PURSUANT Tn ORDINANCE NO. 7540, was adopted by the following roll call vote: NDTION AYES: COUNCIL MEMBERS: Hall, Amburgey, 'nheeler, Resolution 88-12 Hornbuckle, Buffa Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, arra carried 5-0, the. following Reading Folder items were received arra processed: 399, Claims Claims received by the City Clerk: Michelle M. Goodrow; Stuart McKenzie. Alcoholic Alcdholic Beverage License applications for which Beverage parking has been approved by the Planning staff: Licenses An Duc Nguyen and Chau Minh Phan, doing business as Harbor Liquor, 1927 Harbor Boulevard, No. B; G. Heilman Braving Canpany, Incorporated, doing business at 575 Anton Boulevard; Kamran M. Takesh, doing busi- ness as Bazar Food and Deli, 1934 Harbor Boulevard; and, Circle K Convenience Stores, Incorporated, doing business at the northwest corner of Fairview Road and Wilson Street. Public Notices received frau the Public Utilities Commission: Utilities Canmission County Voice, 711 West 17th Street, Unit A-8, Costa Mesa, has filed application for Certificate of Public Convenience to operate a radio telephone utility system in Orange County. Amtrans Airport Shuttle, 15321 South Figueroa Street, Gardena, requesting permission to expand their door-to-door passenger stage carrier to include the City of Costa Mesa. Southern California Edison Company, Post Office Box 800, Rosemead, requesting withdrawal of Southern California Edison Canpany's petition (U 338-E) for modif icat ion of Decision No. 82-01-18. SET FOR PUBLIC On motion by Council Member Hornbuckle, seconded by Vice HEARING Mayor Amburgey, arra carried 5-0, the fb1lowing items were set for public hearing on Mardi 7, 1988, at 6:30 p.m. , in the Council Chambers of City Hall: Ferrymann/oriental For Jim Ferryman, 1095 Tulare Drive, Costa Mesa, Realty, LSA authorized agent for Oriental Realty, USA, Incorpor- ated, 2625 East First Street, Los Angeles: GP -88-1A General Plan Atrendmant GP -88-1A to amend the land use designation at 514, 518, 522, and 526 Bernard Street from General Camorcial to High Density Residential. Environmental Detennination: Negative Dec larat ion. R-88-02 Rezone Petition R-88-02 to rezone property at 514 arra 518 Bernard Street frau_ R2 to R3. GP -88-1C General Plan Amendment GP -88-1C to amend the Master Amend Master Plan Plan of Bikeways to provide an off-street bicycle of Bikeways trail frau South Coast Drive east of Harbor Boulevard to the corner of Harbor Boulevard and Gisler Avenue, and to provide an on -street bicycle lane along Gisler Avenue fron Cali fbrnia Street bo the Santa Ana River Trail. Environmental Determination: Exempt. Lawler/Segerstran For Michael Lawler, Jr., 1611 Aliso Avenue, Costa Mesa, authorized agent for C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, for property located at 2900 College Avenue: GP -88-1B General Plan Amendment GP -88-1B, to change the land use designation fran Light Industry to High Density Residential. Environnental Determination: Negative Declaration. R-88-01 Rezone Petition R-88-01 to rezone frau MG (General Industrial) to R4 (Multi -family Residential). 0 WARRANTS On motion by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, Warrant Resolution 1385, including Payroll 8803, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ADMINISTRATIVE Bids received for Installation of Traffic Signals at ACTIONS Sunflower Avenue and Wimbledon Way/Greenville Street, are on file in the Clerk's office. On motion by Council Traffic Signals Member Hornbuckle, seconded by Vice Mayor Amburgey, the Sunflower Avenue contract was awarded to F. J. Johnson, Incorporated, and Wimbledon Way/ 1401 North Kramer Boulevard, No. F, Anaheim, for Greenville Street $72,550.00. The motion carried by the following roll call vote: MOTION AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Awarded to F. J. Hornbuckle, Buffa Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Purchase cf Used The Purchasing Agent presented the results of Council's Vehicles from authorization to purchase used vehicles. On motion by Hertz Council Member Hornbuckle, seconded by Vice Mayor Amburgey, the purchase of four 1987 Ford Taurus cars - for MOTION a total cf $10,593.64, and one Oldsmobile Delta 88 at Purchase $12,183.64, frcm Hertz Corporation, Rent-A-Car Division, Ratified 900 Airport Boulevard, Los Angeles, was ratified. The motion carried, . by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Vheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map was presented for Tract No. 13067, Ian and Tract 13067 Jane Linton, 181-H Dal Mar Avenue, developers; one lot, Linton 1.345 acres located at 2570, 2572, and 2574 Elden Avenue. On notion by Council Member Hornbuckle, seconded by Vice NOTION Mayor Amburgey, the map was approved; the Council did Map Approved accept on behalf of the City the three-foot easement. for public utility purposes as dedicated, and the ingress - egress easement fnr emergency and security vehicle purposes as dedicated; did also approve subject map pursuant to the provisions of Section 66346 (a) (3) (A) of the Subdivision Map Act; and the Clerk was authorized to sign the map on behalf of the City. The motion carried by the fbllowing roll vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: OOUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Agreement/W.R.G. The Director of Public Services recammended approval of Campany an agreement with W.R.G. Company, Incorporated, Post„ Office Box 892, La Habra, in an amount not to exceed Inspection Services/ $20,000.00, for inspection services in connection with Measure "C' Street Measure "C' Street Maintenance 1987-88 (Partial Recon - Maintenance 1987-88 struction, Application of Hot Rubberized Asphalt Seal Coat with Chip Cover and Slurry Seal on Various Streets). MOTION On motion by Council Member Hornbuckle, seconded by Vice Agreement Approved Mayor Amburgey, the agreement was approved, and the Mayor and Cleric were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Tnheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Refunds A notion was made by Council Member Hornbuckle, seconded by Vice Mayor Amburgey, to approve the following refund requests: Marriott Marriott Corporation, 500 Crystal Bay Drive, Newport Corporation Beach, for refund of $46,592.88 in permit fees. Regis Hanes Regis Hanes Corporation, 5120 Campus Drive, Newport Beach, for refund of deposit of $15,480.00 for corn-- MOTION arrMOTION pletion of driveway cap adjacent to Sakioka Drive. Refunds Approved The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Uieeler, Hornbuckle, Buffa NOES: ODUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Council Member Hornbuckle, seconded by Advance Vice Mayor Amburgey, the Conference Advance for $477.00 for a police officer to, attend the Terrorism Awareness MOTION Conference in San Luis Obispo, February 22-26, 1988, was Advance Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Amburgey, Hheeler, Hornbuckle, Buffa NOES: ODUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place set PA -87-70 for the public hearing to consider the appeal of the Dupuie/Butler Planning Commission's denial of Planning Action PA -87-70 from Bill Dupuie, Cove Motoring, 1666 Superior Avenue, Costa Mesa, authorized agent for John Butler, 2172 Dupont Drive, Suite No. 204, Irvine, for an extension of a previously approved Conditional Use Permit for auto sales within an existing industrial building at 1666 Superior Avenue in an MG zone. Envirormental Determina- tion: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Development Services Director presented background information and staff's analysis as outlined in his memorandum dated February 3, 1988. Staff reconmends approval of a retroactive one year extension for the extension of the Conditional Use Permit for retail auto sales with outdoor storage. Bill Dupuie, 213 Dalhia, Corona del Mar, said they have rret all conditions which were set forth when the six- month permit was granted and feel their business is cohesive to the area. He requested Council grant the extension. Sid Soffer, 900 Arbor Street, Costa Mesa, said Superior Avenue and the surrounding area is changing and recant - mended that it be investigated and determined if zoning changes would be appropriate. There being no other speakers, the Mayor closed the public hearing. MOTION A notion was made by Vice Mayor Amburgey, seconded by PA -87-70 Approved Council Member Uieeler, to approve a retroactive one and Staff Directed year extension of time to expire December 15, 1988, for to Investigate the Conditional Use Permit in connection with Planning Action PA -87-70; and, staff was directed to investigate Superior Avenue and the surrounding area to determine if zoning changes should be considered. 1 Council Member Buffa opposed the motion 'citing auto sales uses as. lacking compatibility with traffic pat- terns and available sites in the area. The motion carried 3-2, Council Members Hornbuckle and Mayor Hall asked the City Attorney if what Mr. Cole proposed has merit fir review, and if second reacting of the item could be continued to the next meeting. The City Attorney replied that it is possible to add certain requiremarits since we have the 'authority to issue Con- ditional Use ' Permits fnr these concurrent uses. If Council desires t:)continue the. item, he will meet with Mr. Cole, consider his proposals, and report back to Council at the March 7, 1988, neeting as to the legality and desirability of his proposals,. Sid Soffer, 900 Arbor Street, Costa Mesa, felt the State, through the Department of Alcoholic Beverages, has put enough restrictions on the sale of alcohol. MOTION. On motion by Council Member Wheeler, seconded by Council Ordinance 88-2 Member Hornbuckle, arra carried 5-0, second reading and Held Over adoption of Ordinance 88=2, being AN ORDINANCE CF THE CITY C OUNCIL ' CF THE . CITY CF COSTA MESA, CALIFORNIA, REPEALING THE LEGISLATIVE PROHIBITION CF ODNCURRENT SALES CF AL(DHOLIC BEVERAGES AND MDTOR VEHICLE FUELS AND ESTABLISHING A PROCEDURE FOR REGULATION CF SUCH GDNCUR- RENT SALES, was continued to the meting of March 7, 1988. Code Enforcement/ The Clerk presented for second reading and adoption, Spring Clearr-Up Ordinance 88-3, adding. Chapter III 1/2 community - Campaign improvement to Title 11 cf the Municipal Code. Buffa voting no. GP -87-2B; R-87-09; The Cleric presented from the meeting of February 1, DR -87-53 Update 1988, update of General Plan GP -87-2B, Rezone Petition Report R-87-09, and Development Review DR -87-53, for property located at 2110, 2120, and 2124 Thurin Street and 2111 Doctors Circle, as outlined in staff's memorandum of February 8, 1988. No Action Mayor Hall said that this was a status report only Required and does not require any action. He asked Council if they had ary questions of the Development Services Director or if aryone in the audience wished to speak on the item aryl no. one responded. Concurrent Sale of The Clerk presented for second reading and adoption Alcoholic Beverages Ordinance 88-2, repealing the legislative prohibition and Motor Vehicle of concurrent sale of alcoholic -beverages and motor Fuels vehicle fuel, and establishing a procedure for regu-, lation of such concurrent sales. Franklin Cole, 2482 Fairview Way, Costa Mesa, presented sections of the State Code on transparencies, and stated, that after investigation, there appears to be several additional areas where'the City might be able to expand local control over the placement of these facilities. He requested staff further investigate the ordinance . to see if further restrictions can be inserted which would ,give the City more axthority and better control. He expressed concern with concurrent sales of alcoholic beverages and nutor vehicle fuels within specified distances of certain institutions arra made recamrmenda- tions fir additions to the ordinance. Mayor Hall asked the City Attorney if what Mr. Cole proposed has merit fir review, and if second reacting of the item could be continued to the next meeting. The City Attorney replied that it is possible to add certain requiremarits since we have the 'authority to issue Con- ditional Use ' Permits fnr these concurrent uses. If Council desires t:)continue the. item, he will meet with Mr. Cole, consider his proposals, and report back to Council at the March 7, 1988, neeting as to the legality and desirability of his proposals,. Sid Soffer, 900 Arbor Street, Costa Mesa, felt the State, through the Department of Alcoholic Beverages, has put enough restrictions on the sale of alcohol. MOTION. On motion by Council Member Wheeler, seconded by Council Ordinance 88-2 Member Hornbuckle, arra carried 5-0, second reading and Held Over adoption of Ordinance 88=2, being AN ORDINANCE CF THE CITY C OUNCIL ' CF THE . CITY CF COSTA MESA, CALIFORNIA, REPEALING THE LEGISLATIVE PROHIBITION CF ODNCURRENT SALES CF AL(DHOLIC BEVERAGES AND MDTOR VEHICLE FUELS AND ESTABLISHING A PROCEDURE FOR REGULATION CF SUCH GDNCUR- RENT SALES, was continued to the meting of March 7, 1988. Code Enforcement/ The Clerk presented for second reading and adoption, Spring Clearr-Up Ordinance 88-3, adding. Chapter III 1/2 community - Campaign improvement to Title 11 cf the Municipal Code. 404 Council Member Wheeler stated that although he supports the concept,.he opposes the ordinance as written because it would make it it legal to put cut trash the night befpre the next morning pick-up. MOTION On motion made by Vice Mayor Amburgey, seconded by Ordinance 88-3 Council Member Hornbuckle, Ordinance 88-3, beim AN Adopted ORDINANCE CF THE CITY COUNCIL CF THE CITY CP (DSTA MESA, CALIFORNIA, ADDIW_, CHAPTER III 1/2 COMMUNITY IMPROVEMENT TO TITLE 11 CF THE COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: A)ES : ODUNCI L MEMBERS: Hall, Amburgey, Hornbuckle, Buffa NOES: (DUNCI L MEMBERS: TAheeler ABSENT: ODUNCIL MEMBERS: None PA -88-03 The Clerk presented Planning Action PA -88-03 for David Bal ]/A and R L. Ball, 950 South Coast Drive, Costa Mesa, authorized agent for A and R, a California Limited Partnership, for a Final Development Plan for three office buildings (4, 6, and 12 stories) totaling 460,000 square feet, located on the south side of South Coast Drive, west of Bear Street, in a PDC zone. Environmental Determina- tion: EIR 1020 certified in 1984 applies. Two cammunications have been received: one frau Mr. and Mrs. Robert A. Billmeyer, 3366 Fuchsia Street, Costa Mesa, opposing the application; and the second from Thom E. Coughran, Acting District Engineer, Mesa Corr- solidated Vater District, 1965 Placentia Avenue, Costa Mesa, requesting Iten Number 28 under Ordinance or Code Provisions in staff's report be eliminated and that a condition be added to Special District Requirements as quoted in his letter of February 11, 1988. The Development Services Director detailed what has transpired to date, as well as an overview of the proposed project. Staff's recaumendation to the Plan ning Commission to lower the height of the 12 -story building was based upon visual effects only, not nega- tive environmental impacts. Utilizing transparencies, the Director of Development Services presented Phase 2B Metro Pointe, which consists of three buildings, 4, 6, and 12 stories, along with two parking structures, one 6 and one 4 stories, to be located on approximately 12 acres of land with 459,800 square feet of office buildings. Within this, the developer has asked to lease up to 12,000 square feet for retail space. The floor area ratio fpr this site is .90, with open space for the site plan at 38.5 percent. The developer has provided the 1,462 parking spaces required by Code fpr this phase; and, in addition, has provided an additional 898 parking spaces to serve Phase 3 development at a future date. The additional parking spaces create a temporary shortage of open space but this is no longer an issue to staff. The plan reflects a 25 percent decrease in density from that which was originally approved. The Director of Development Services stated Environ Trental Impact Report (EIR) 1020 was certified for GP -83-2A thereby analyzing the project impacts at total buildout of Metro Pointe. Use of EIR 1020 may occur for each development phase if the development meets the standards set forth pursuant to the Cali fprnia Environmental Quality Act (CEQA), Section 2116. EIR 1020 meets these requirements when applied to Metro Pointe Phase 2B. 1 Pursuant to EIR 1020, Mitigation Measure No. 5, Austin- Feust Associates, Incorporated, was retained by the City to prepare the required traffic circulation analysis. The mitigation ireasures proposed by this firm are incor- porated as Condition c£ Approval No. 3 in the staff report. The Director and whether subterranean are proposed only occurs table. cf Develcpment Services addressed geology de -watering of the site would occur. No parking structures nor building basements %r this project, and long-term de -watering when an eKcavation is made below the water EIR 1020's certification resolution states the project sponsor will be required to submit a program to meet additionally generated housing demands with units which were not anticipated under the City's existing General Plan. The Director stated Arnel Development Canpany has constructed the Cape Apartrrents and is presently con- structing the South Pointe Apartments to meet this requireirent. The applicant's current summary of its housirg mitigation status is attached to staff's report. The Director of Develc Anent Services addressed Condi- tions of Approval, and the recanmended changes, and modifications. He stated that David Ball, Arnel Develcpment Canpany, has requested that Condition of Approval No. 3 be changed. As now worded, it appears the City shall only be providing the right-of-way for the Bristol Street/Sunflager Avenue improvements. David Ball is requesting this be extended to the Fairview Road/Baker Street and Fairview Road/Paularino Avenue, intersections as well. Staff Reconmendation In conclusion, the Director of Development Services - stated -the Planning Cammission approved Planning Action PA -88-03 subject to. deletions and modifications to pro- posed conditions. Should Council approve the planning action, staff recamme nds the fio l lowi ng : adopt the resolution which would adopt the required findings for project approval and environmental .analysis of the Final Development Plan for Metro Pointe Phase 2; arra approve Plannirg. Action PA -88-03 subject to conditions. Council Member Hornbuckle addressed Mitigation No. 2 on Page 27 of the report: "The project will use re- claimed water for landscape/irrigation purposes when it becomes available". She requested this be added as a Condition of Approval for this project, and she indicated that the (keen -Acres project water will be.. available sDon. In reply to a question posed by Council Member Wheeler, the Public Services Director said additional right-of- way . fDr right -turn lanes will be required at Bristol Street/Sunflamer Avenue, all four corners, and at Baker Street Fairview Road, for westbound and southbound traf f is . David Ball, 950 South Coast Drive, Suite 200, Costa Mesa, speaking on behalf of A and R, replied to Council Member Hornbuckle's question, and said during Phase 1 the Greerr-Acres facilities were installed fDr the entire project. Robert Braunschweiger, General Manager, Albert C. Martin arra Associates, project architects, will make a slide presentation giving the history of the project from an architectural and planning standpoint, after which they will be available to answer questions. 406 Robert Braunschweiger, General Manager, Albert C. Martin and Associates, 2809 Main Street, Irvine, presented slides depicting the buildings in Phase 1 of the project as well as landscaping and parking. He then presented what is proposed for Phase 2. The three buildings have been designed to keep maximum utilization of open space. He indicated the percentage of open space and landscap- ing is well above vhat is required. Information on proposed parking structures, which includes landscaping, the public plaza, and site lines, were also presented. Mr. Braunschweiger said he has attended over 150 caninun- ity meetings regarding the project and they have tried to incorporate the suggestions made by the cammunity whenever passible. Phase 1 has been completed as pro- posed, and they are requesting approval of Phase 2. Mr. Ball asked for a finding that they are now in canpliance with the Ynusing requirements. Council Member Meeler asked the Developnent Services Director if he concurred with this statement, and the Director replied, in his opinion, they have been building ahead of the need. Mayor Hall asked if this site plan were of much less density and height than that which was originally approved, and the Director replied that it was. Dave Leighton, 3105 Loren Lane, Costa Mesa, speaking on behalf of the North Costa Mesa Homeowners Association, presented Council with recamendations from the associa- tion. The homeowners association is not in favor of dense cammrcial developoent near their hamees. He then outlined their reasons for this objection as presented in their recc rrendations, along with alternative recoul- mendations for Metro Pointe's Phase 2 project. On behalf of the Board of Directors for the North Costa Mesa Homeowner's Association he requested denial of the project as presented. Dave Slaughter, 1000 South Coast Drive, Costa Mesa, was in favor of the 12 -story building versus two 6 -story, buildings. He addressed the closeness of proposed traffic signals, and the Public Services Director responded that when the General Plan was approved and this project approved in total it was determined that the signals would be required, but unfortunately they may be close together. Interconnect coordination will insure they work to the best interests of the public. Stephen Eakin, 1054 Visalia Drive, Costa Mesa, addressed the Traffic Analysis fpr Phase 2 Metro Pointe and read the reasons Ye felt it is deficient, after which he pre- sented his report to the Clerk. Mayor Hall commended Mr. Eakin on the in-depth statis- tical work included in his report. Dan Gott, 953 Dahlia Avenue, Costa Mesa, speaking on behalf of people living in the Greenbrook Tract, stated their opposition to construction of a 12 -story building, and favor the recannendation made for two 6 -story build- ings in its place. They favor reduction of the parking structures, and are also concerned that the project, as proposed; might disrupt the water .table. Bob Thagard, 320 East 19th Street, Costa Mesa, spoke in favor of the project, saying it would be a great asset to the Ci ty. 1 Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in favor of the. project. He also addressed traffic and said that it is the people not the buildings which cause traffic. Bob Cole, 3064 Java Road, Costa Mesa, requested that the Phase 2 project be rejected, and cited insufficient time bo consider the alternative of two 6 -story buildings. He asked that consideration be given to placing a total moratorium on new development projects until such time as the citizens and staff have come to an agreement on a General Plan. Annemarie Mooiweer, 3371 Larkspur Street, Costa Mesa; spoke in opposition to the density of the project being proposed and made reconmendions for changes. She requested reduction of square -footage within the build- ings; a reduction in the size of the parking structures; increasing setbacks; and expressed concern about the number of- developments being approved along South Coast Dr ive. Walt Davenport, 1888 Parkview Circle, Costa Mesa, spoke in favor of the 12 -story building versus two six -story buildings which would reduce the amount of open space. Harold Sandler, 3363 Wisteria Circle, Costa Mesa, said he is of the opinion that the EIR is deficient and re- quested the Council to reject it. He is of the opinion that North Costa Mesa is paying the brunt of the costs for the betterment of .the entire City and that all new development is being concentrated there. Stephen Eakin, addressed traffic circulation and traffic signals. There being no other speakers, the Mayor closed the public hearing. RECESS The Mayor declared recess at 8:40 p.m., and the meeting reconvened at 8:50 p.m. At the, request of Mayor Hall, Terry Austin, Austirr-Faust Associates, Incorporated, explained how traffic counts are taken and discussed trip ends in the North Costa' Mesa area from the I-405 and Route 73. Council Member Hornbuckle addressed building two 6 -story buildings versus the proposed 12 -story building as recommended by staff. The Development Services Director responded that staff presented an alternative as it was their opinion that visual impacts would be improved from certain areas. He then addressed the parking structure design, public plaza, and open space. Vice Mayor Amburgey addressed several of the camments made by previous speakers regarding traffic, geology concerns, and said that Council has had ample time to analyze the alternative. building heights. Council Member Meeler spoke in opposition to the pro- posed project and its intensity. He addressed zoning and said when the homeowners in the area purchased their homes they did so with the understanding that the pro- perty was residential, and the zoning laws have been changed since that time. He said the effects of the North Costa Mesa developments go City wide, and that the housing. needs as a result of these projects being approved are not being net. Further, under the proposed slow growth initiative, this project would probably meet traffic: standards but he objects to the way in which it is accomplished. In his opinion, the proposed project does not neet the 100 -year floodplain provision, and perhaps not the police, .fire, and parks provision. He does not believe projects which do not conform to the proposed initiative standards should be approved when the initiative is pending certification. He also addressed the Gann appropriation limitations, and higher crima rates as a result of some of the cammercial development in the north end of the City. Mayor Hall asked Mr. Ball if he was aware of, and in agreement with, all of the Conditions of Approval and the modifications to the Conditions made by the Planning Commission; the• suggestions and nodifications made taonight; and proposed oranges to the resolution. Mr. Ball replied that he was. Mayor Hall said the City has .gone- to .the legal limit in answer to the canment favoring a nDratorium on building until such time 'as the General Plan is canpleted. David Ball replied W a question posed by Mayor Hall stating it is their intent not to build any subsurface structures which-would:intrude into the water table. Mayor Hall asked if the Traffic Study addressed the City's arterial study, arra Terry Austin replied that the arterial study locks at -build -out of the General Plan taking -into consideration its traffic demand which includes build -out of this total project. Mayor Hall requested that the City Manager have staff investigate a solution to pennit access from San Leandro Lane to eastbound South Coast Drive and that this item be presented to the Traffic Commission. Mayor Hall spoke in favor of -this proposed project and said he foresees tremendous positive benefits from it. MOTION A motion was made by Council -Member Buf fa, seconded by Resolution 88-13 Vice'Mayor Amburgey, to approve the corrected version of Adopted; :PA -88-03 Resolution 88=13, being A RESOLUTION CF THE CITY QOUNCIL Approved OF THE CITY CF (DSM MESA, CALIFORNIA, ADOPTING FINDINGS WNCERVING THE ENVIMNNENTAL ANALYSIS AND APPROVAL OF THE FINAL DEVELOPMENT PIAN FOR METRO POINTE PHASE 2, and approving PA -88 -03 -incorporating the findings, and re- canmendat'ions as approved at the Planning Camnission's hearing of February 8, 1988, as fellows: Conditions'of Approval 3. Developer shall pay a maximum trip generation fee of .$668.00 per trip end for all .traffic improve- ments. This fee shall be reduced by Federal, State, County, JPA, or City contributions in accordance with Council's adopted policy state- ment. It may also be satisfied by the development agreements providing for the equivalent monies. Developer/owner is further obligated to construct the following circulation system improvements prior to occupancy of this development project. Developer/owner shall be eligible for reimburse- nent or may receive future development credit for his actual design and construction costs to can- plete the following improvenents, excluding right- of-way dedication and improvement thereof adjacent to the subject property: 1 a. Reconstruct and restripe the Bear Street/ Paularino Avenue..intersection to add the second .westbound left -turn lane. b. Improve Fairview •Road/Baker Street intersec- tion to .add another westbound through lane and a -fourth soutbbound travel lane. c. Improve the Bristol Street/Sunflower Avenue intersection to -provide a northbound right - turn ]ane, westbound right -turn lane, and eastbound right -turn lane. Right-of-way shall be obtained -try _the City for developer. to allow improverrents.. 14. The developer shall pay fJor design, checking, and installation of traffic signal to be located on South Coast Drive at the proposed driveway err - trance to -_the parking structure. This includes the cost of interconnecting such signal with the City's existing system. 15. Developer shall submit to the Planning Commi&- s ion for approval, a plan which would soften the parking structures. Ordinance.or Code Provision -14. . Obtain a permit fran the City of Costa Mesa, Engineering Division, at the time of development and construct P.C.C. CamTercial sidewalk per -City of Costa Mesa Standards as shown on the Grading P1arVImprovement Plan, including 4 -foot clear around obstructions in the sidewalk on South Coast Drive. Finding - 1. It is beneficial to the site and surrounding pro- perties tD have nore open space available by utilizing the 12 -story building rather than two 6 -story buildings. In addition,. add or delete rthe following: L. Under Conditions of Approval, No's. 3 a., 3 b., 3 c . , at the end of Itam No. 3c, after the words "to allow improvements", add..."for above items a., b.,, and c.". 2. Delete Ordinance or Code Provision No. 28. 3. Add an additional finding that the applicant's proposed housing mitigation measures are in can- pliance with -EIR :1020. AMENDED MOTION Mayor Hall asked Council Member Buffa if he had included, Traffic Analysis as part cf-the back-up docunents, the Metro Pointe Phase and EIR Accepted 2 Traffic Analysis and EIR 1020. Council Member Buffa responded that he had not, and then added this to his motion. Vice Mayor Amburgey agreed to this addition to the not ion. AMENDED MOTION On recommendation made by Council Member Hornbuckle, Conditions Added Council Member Buffa added a condition that Council will review -any changes in eKcavation that required dewater- ing of the site. He also added a condition that provi- sions, fpr secondary water useage through Green -Acres be provided. Vice Mayor Amburgey consented to this addi- tion to the motion. 410 Council Member Hornbuckle stated that she will be voting against the motion and, in her opinion, a 12 -story .building: is inappropriate for the site. Council Member Buf fa said he is extremely prod of the balance we have within the City; -arra, in particular, the north end which is developing as the urban center nearing conpletion. David Ball, after reading the recommendations outlined in a letter dated February 11, 1988, from the Mesa Consolidated Water District, expressed disagreenent with the item titled Wbter 5. Council Member Buffa responded that he is not including this itan in his motion. Mayor Hall cammnted that the District's recommendation is advisory only. Resolution 88-13 was adopted by the fDllowing roll call vote: AYES: CDUNCIL MEMBERS: Hall, Amburgey, Buffa NOES: CDUNCI L MEMBERS: 'oheeler, Hornbuckle ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared recess at 9:50 p.m., and the meting recon7ened at 10:00 p.m. Request for The Clerk presented a request by the City to initiate General Plan a General Plan Amendment fx)r the northwest corner of Amndmrnt Adams Avenue and Pinecreek. Drive. The_Develcpment.Services Director presented background infDrmation and staff's analysis and recammndations as outlined in his memorandum dated February 9, 1988. The Coast Ccmninity College District has decided to sell excess parcels of land which they do not anticipate using. In this situation, it is the Administrative District Headquarters property located at 1370 Adams Avenue. Scott Williams, 3465 Santa Clara Circle, Costa Mesa, disagreed with the the fifth paragraph of staff's memor- andum which states "Igen property is used for public school purposes, local land use regulations do not sub- stantially apply," and is of the opinion that they do apply per the Education Code. He spoke in favor of building single-family homes on this site and against multiple -family dwellings. John Feeney, 1154 Dorset Lane, Costa Mesa, recommended granges tD the General Plan be considered after canple- tion and occupancy of the Villa Martinique apartment complex. MOTION On motion made by Vice Mayor Amburgey, seconded by Staff Directed to Council Member Hornbuckle v and carried 5-0, staff was Present General directed to analyze Medium Density Residential and High Plan Amndrmnt Density Residential for this site; initiate an amendment Recammndations to the City's General Plan redesignating the site from Urban Center to a desigration to be determined; and, to set the General Plan Amendment hearing for consideration no later than the Planning Cammission's meeting of April 11, 1988. Palace Avenue The Clerk presented the Palace Avenue Study. Study Council has reviewed information regarding a study for Palace Avenue, along with the results of a survey taken from property owners regarding its improvement at a recent study session. The Public Services Director. presented background, analyses, findings, and proposed alternatives, as out- lined in his memoranduiri dated February 5, 1988. In response .bo a question posed by Council Member Buffa, the Public Services Director stated that it is his understanding that Housing Ccmunity Development Act funds, referenced in Item C.3 under findings in his mem- orandum, would not be available for this project. Sid Soffer, 900 Arbor'Street, Costa Mesa, asked if Palace Avenue was considered an alley or a street, and the Director of Public Services provided a response. Mr. Soffer then quest ioned 'the credibility of the study. Discussion foll6wed regarding the various alternatives presented in the survey. MOTION On motion made by Council Member Buffa, seconded by Vice Benefit Assessment Mayor Amburgey, arra carried 4-1, Council Member Wheeler District Approved voting no, the establishment of a Benefit Assessnent District, with the City participating in a similar manner in which it participated in the Sterling Avenue Project, approximately_ 40 percent,, was approved. Council Member Wheeler opposed an Assessment District. In his opinion, only a minority of the citizens who voted wanted an'Assessftent-District, and he could not support a minority vote. At the request of Council Member Hornbuckle, the City Manager , outlined . the noti f icat ion and hearing process which will follow. Council'Member Wheeler-conmended Charles Markel for the work he has done in fomnulating the questions, searching out Ercperty owners, and tabulating the results of the survey'. Change Order "B" Item No. 13 on the Consent Calendar was presented: Dokken Engineering Change Order "W' for $15,212.00 bD the contract with Dokken Engineering, 3217 Ramos Circle, Sacramento, for Widening of Fairview additional: services- in connection with the widening of Road at I,405 the Fairview Road Overcressing at the I-405 Freeway. MOTION Change Order Approved CITY ATTORNEY REPORTS Lawsuit Withdrawn Council Member,Buffa.presented an update on a statement in staff's memorandum of February 5, 1988, on this subject..."Caltrans had.indidatedbc) the City that they would not be able tai 'administer' a construction corr- tract for all of the work until after 1989."... After recent.discussions Vice Mayor Amburgey and he have had with the. State of CalifDrnia, Department of Transpor- tation (CALTRPNS), the State now indicates that this project will pass through the design phases this spring, and. should be ready for construction some time near the beginning ofthis' summer. On motion by 'Council `Member Buffa, seconded by Vice Mayor Amburgey, Change Order. "B" was approved by the following roll call wte: AYES: COUNCIL MEMBERS: Hall, Amburgey, Wheeler, Hornbuckle, Buffa NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Mayor Hall announced that the settlement of the Sheryn Nichols lawsuit has been withdrawn from the agenda at the ' request _ of the City `Attorney. CITY MANAGER The City Manager presented the buy-back proposal for the REPCRTS Public Safety Employees Retirei Tent System as outlined in his memorandum dated February 10, 1988. He requested Safety Employees conceptual approval only at this titre fDr endorsement of Retirenent the efforts of the Retirement Committee in formulating a Buy -Back a program for Council's consideration. MOTION On notion made by Council Member Wheeler, seconded by Concept Approved Vice Mayor Amburgey, and carried 5-0, the concept for the Public Sefety Employees Retirement System as out- lined utlined in staff's memorandum, was approved. ORAL Gene Hutchins, 1808 Kinglet Court, Costa Mesa, addressed CCMMUNICATIONS an item previously discussed on the agenda regarding a request by the City to initiate a General Plan Amend - General Plan trent fpr the northwest corner of Adams Avenue and Amendment Request Pinecreek Drive. Problems Created Ton Scheafer, 2127 Wallace Avenue, Costa Mesa, spoke by Produce Market about the problems created by the produce market behind his home. Staff Directed Mayor Hall requested that the City Manager have staff to Investigate investigate the noise problem and -the possibilities of building an eight -foot sound wall to be provided by the produce market. A copy of staff's report will be pro- vided to Mr. Scheafer as soon as it becomes available. Code Requirenents/ Scott Williams, 3465 Santa Clara Circle, Costa Mesa, Resolution 88-11 mach a formal requests, on behalf of Costa Mesa Resi- dents fpr Responsible Growth, for a copy of Resolution 88-11 which was adopted by Council on February 11, 1988. He cited sections of a Code which require copies of adopted resolutions be made available to the public the day after adoption. Sandra Genis, 1586 Myrtlewood Street, Costa Mesa, asked fpr c lari f icat ion regarding requirements in the Election Code concerning availability of adopted resolutions within 48 hours of adoption. The City Attorney will research the Code requirements. (Resolution 88-11'was adopted on February 12, 1988, and the first working day following adoption was today.) Sof fer Camnents Sid Soffer, 900 Arbor Street, Costa Mesa, addressed alleys versus streets; noticing; and voting in Assess - n ent Districts. COUNCIllKANIC Council Member Buffa announced a memorial will take COMMENTS place on Sunday, February 21, 1988, 1:00 p.m., at Estancia Park, in memory of Joyce Martin, a very active Joyce Martin citizen in our camnunity whD recently passed away. A Manorial Service favorite rose of Joyce's will be planted .in her memory, and lenon desserts will be served. Resolution 88-11 Council Member Wheeler requested the City Attorney make Home Ranch Site a copy of the resolution on the Segerstrom Project avail- able as required by law. Staff Directed At Vice Mayor Amburgey's request, staff was directed to to Investigate investigate the fee schedule for developmnt processing Fee Schedule fees arra to bring recommendations before a study session for review. We -Tip Mayor Hall said he will be providing Council with infor- mation on the organ i zat ion We -Tip so that a decision can be made regarding involvement in their program. r II ADJOURNMENT The Mayor declared the me a journeo at 11: p.m. r of t e City of Costa Mesa ATTEST: o" 61Z City Clerk cE the City of Costa Wsa 413